Mayor and City Council of Ocean City Sued for Age Bias and Retaliation

EEOC Says Older Candidate Denied Job Due to Age and Retaliation

BALTIMORE – The U.S. Equal Employment Opportunity Commission (EEOC) today announced a lawsuit against the mayor and city council of Ocean City, Md., for violating the Age Discrimination in Employment Act (ADEA) with regard to its hiring practices.

In its suit, the EEOC charges that the Atlantic Ocean resort town discriminated against Anthony Indge, age 62, when it failed to hire him into the position of full-time airport associate in May 2008. Indge had been employed as a temporary line technician and had filled in as an airport associate in 2007 and 2008. During his interview for the position of full-time airport associate, the airport manager, who was the hiring official, made several ageist comments to Indge, despite having previously informed him that his knowledge and performance made him a valued employee. In May 2008, a less qualified younger applicant, age 45, who had no prior experience as an airport associate was hired.

When Indge learned he was not selected for the full-time position, he complained of age discrimination to several Ocean City management officials and filed a charge with the EEOC. The EEOC further charged that Ocean City retaliated against Indge for complaining about age discrimination when it failed to hire him for vacancies as a temporary line technician for the 2009 season.

Such alleged conduct violates the Age Discrimination in Employment Act of 1967. The EEOC filed suit after first attempting to reach a voluntary settlement. The suit, (Civil Action No.1:10-cv-02690-JFM), filed in U.S. District Court for the District of Maryland, Northern Division, seeks monetary and injunctive relief, including back wages, liquidated damages, changes in employment policies to eliminate future age-based discrimination and instatement of Indge.

“Ageism is a way of stereotyping or marginalizing people,” said EEOC Regional Attorney Debra M. Lawrence. “Employers have a responsibility to provide everyone the freedom to compete in the workplace on a fair and level playing field, regardless of age, and to not retaliate against individuals who oppose unlawful practices.”

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the Commission is available on its web site (www.eeoc.gov).